A.K.ANNAMALAI, J. - (1.) The complaint filed under Section 17 of the Consumer Protection Act 1986 The complainant filed a complaint against the opposite parties 1 to 3 pray for the reliefs of direction to pay Rs.3,19,000/- towards rent paid by the flat owners before taking possession of the flats from the opposite parties to pay Rs.8,19,800/- towards the cost and expenses incurred for repair and completion of unfinished work in respective flats and in common areas, to pay Rs.5,00,000/- for the loss a life of one Mr.P.S.Loganathan due to the negligence in failing to cover the naked wire to pay Rs.10,00,000/- for deficiency of service by the opposite parties failing to construct and hand over flats as per construction agreement to pay Rs.10,00,000/- as compensation for mental agony, pain and loss suffered and to pay Rs.25,000/- towards cost.
(2.) The brief case of the complainant as stated in the complaint is as follows:- The complainants are the Owners and Member in Resident Welfare Association represented by its President and the allottees of the flats were constructed by the opposite parties on the basis of respective construction agreement and purchased from the opposite parties. The 1st opposite party who agreed to complete the construction within the stipulated period, but not completed within time and failed to hand over the flats to the owners and the delay caused undue hardship to the flat owners of flats Nos.G1, F2, S1, S3, T2 and T3 to pay additional rent for their stay to the extent of Rs.3,19,000/- as mentioned each amount in the complaint and the opposite parties issued possession certificate which is not seems to be a genuine one and not providing the lift for the use of allottees as per the agreement caused much difficulties and agony to negotiate three floors without the use of lift and there also the opposite parties failed to provide various connected facilities and there are defects in the walls of the flats and they are incomplete with full of putty and bubbles and all the defects are rectified by spending additional costs to the extent of Rs.4,54,500/- as the claim of association for common area and another sum of Rs.1,08,800/- for various repairs relating to the flat owners including repairs of doors plumbing work, rechecking of electrical installation, labour charges, change over switches, etc., and various sums to the flat owners to the extent of Rs.8,19,800/- including the common area cost. Further one Loganathan, father of the flat F1 owner Sankarasubramaniam died on 24.1.05 when they were in the flat after the house warming function and on that date when he had opened the rear side compound gate to receive the visitor due to the electric shock on the gate because of naked wire he died for which a legal notice was sent on 18th May 2006 and the bald reply was sent on 27.5.06. All the members of the complainant association who are the respective flat owners are put to great hardship and mental agony by the 1st opposite party due to its lethargic attitude of not attending to the incomplete constructions and not honoring several clauses in the construction agreement and even though admitted to rectify the defects by way of reply letters but not acted upon. Thus the acts of opposite parties in failing to perform as agreed in accordance with the construction agreement leading to loss of life, additional expenditure to carry out incomplete works are all amounts to deficiency of service and thereby the complainants are claiming the various amounts as stated above.
(3.) The 1st opposite party filed written version which are adopted by the other and in the written version on behalf of the opposite parties they denied the allegations of complainant and regarding the payment of claim for rents by flat owners G1, F2, S1, S3, T2, T3, it is stated that all those owners are all irregular in their payment of electricity deposits construction cost etc., and thereby there was a delay in handing over the flats for which the opposite parties are not to pay any loss of rent. Further regarding the other allegations relating to the defective constructions materials non provision of facilities etc., it is stated by the opposite parties the delayed payment of allottees unethical attitude of the one of the allottees F1 with whom the opposite party entered joint venture agreement delayed payment of EB deposit by sum of the allottees etc., and additional works asked for by the allottees have resulted in untold misery to the opposite party and in spite of the same they have done everything within the realm of possibility and under their control to complete the construction in accordance with the construction agreement and handed over possession of the flats. The delay is not due to the opposite parties but were solely due to the irregular and delayed payments on the part of the allottees additional work such as carpentry work sought by the allottees and the land owner and the allottee of flat F1 in order to get escalated payment from the opposite parties deliberately delayed the execution of sale deed for undivided shares for some of the allottees and as such no delay can be attributed to the opposite parties. Further the opposite party committed to install the lift but was obstructed by the complainant to do the same and this opposite party undertakes to complete the same, if the complainants association is directed not to obstruct the work. Regarding the death of the Loganathan, the opposite party in no way connected as the occurrence took place on 24.1.05 and there was no such complaint even prior to the death from 13.1.05 on the date of occupation and the newspaper report certifies that the accident was because of touching the nacked live wire of the decorative lamp which was not installed by the opposite parties. Hence the complaint deserves to be dismissed.;